TMI Blog1990 (5) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... ance u/s. 37(3A) (3D). The third relates to the non-allowing of excise duty liability provided, which could not be paid as its recovery was stayed by the High Court and therefore, should be treated as paid within the meaning of sec. 43B of the Act. 2. [This para is not reproduced here as it involves minor issue.] 3. The second issue, relating to the consideration of running and maintenance of car under sec. 37(3A) (3D), the submission made by the counsel Sh. Vohra was that, sec. 31 allows the deduction for the running and maintenance of the cars and that sec. 37 does not override the provisions of sec. 31 and therefore, the consideration of these expenses u/s. 37(3A) (3D) for disallowance was not proper. The DR pleaded that, sec. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that, it needs to be interpreted as it reads and basing on this rule, when we read the section, it is obvious that, the words "notwithstanding anything contained in sub-section (1)" mean that, the expenditure other than those which are governed by sections 30 to 36 of the Act as are specified to be considered u/s. 37(1) of the Act, are overridden and therefore, by virtue of this provision, the running and maintenance of motor car, which are normally allowable by sec. 31 of the Act, would have to be considered under sec. 37(3A) of the Act. The sub-sec. (3D) of sec. 37 makes it further clear that, in case of an assessee who derives income from hiring of car, the provisions of aggregation would not apply. We are therefore of the opinion that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich had stayed the recovery of excise duty on the post-manufacturing expenses. The Delhi High Court in its order dt.8th Oct. '82have ordered-- "Till the next date, the respondents will allow the petitioners to clear their goods from their factory on paying duty on the assessable value arrived at after excluding post-manufacturing expenses, provided that the petitioners give a bond in form B-13 for the difference in duty as assessed by the respondents and that admitted to as due by the petitioners, and also furnish a bank guarantee for 25% of the said difference to the satisfaction of the respondent no. 3. The bank guarantees shall be furnished within three weeks." The suit preferred by the assessee was instituted against the very amen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid during the year. The word "paid" means "satisfied". The bond gives the right to the payee to enforce payment from the author while the payment satisfies the payee, ie., the former is the beginning while the latter is the end of the transaction. The claim of the assessee that provision of bond should be treated as payment could be accepted if and only if, the two are synonymous but unfortunately the former is a step prior to actual payment and therefore, could not be termed as payment. The Tribunal decisions relied upon by the assessee is of no assistance to the assessee for the reason that, in all those cases, the sales tax and other levies collected fell due for payment to the authorities on a date which date fell subsequent to the clo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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